Terms of service

Agreement to these Online Terms of Use

By accessing Minimink Australia online through our Sites (whether by this website, social media, or other online method), you agree to be bound by these terms of use ("Online Terms of Use"). These Online Terms of Use constitute a binding agreement between you and the Company and govern your use of our Sites.

Privacy Policy and Returns Policy

As part of these Online Terms of Use, your use of our Sites is also subject to our Privacy Policy (located at https://minimink.com.au/our-policies/) and our Returns Policy (located at https://minimink.com.au/our-policies/), which are incorporated by reference into these Online Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through our Sites. By using our Sites you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardians.

Restrictions on use

Prohibited conduct

Your use of our Sites is subject to the rules set out in Schedule 1 below.

Violations of these Online Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to our Sites or refuse to provide products to you if:
• you breach any provision of these Online Terms of Use;
• the Company is unable to verify or authenticate any information that you provide to us; or
• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Online Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through our Sites;
• your use of, or connection to, our Sites; or
• your negligence or misconduct, breach of these Online Terms of Use or violation of any law or the rights of any person.

Registration and account security

Requirement for registration

The Company reserves the right to make any part of our Sites accessible only to users who have registered.

Username and password

Upon registration with some of our Sites, you may be issued with a username and password to access your account. You are responsible for maintaining the security of your password for our Sites. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using our Sites with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with our Sites, you must agree to these Online Terms of Use and provide the Company with:

• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with our Sites. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with our Sites at its discretion.

Orders

Order constitutes offer

By placing an order through our Sites, you make an irrevocable offer to us to purchase the products that you have selected pursuant to these Online Terms of Use. Information contained in our Sites constitutes an invitation to treat only. No information in our Sites constitute an offer by us to supply any products to you – however, the Company will endeavour to supply your selected products to you.

We will not commence processing any order made through our Sites unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Online Terms of Use, cancel all or part of your order; and
• at any time:
• refuse to provide products to you;
• terminate your access to our Sites; and/or
• remove or edit any content on our Sites.

Acceptance of orders

Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time.

Personal use

You acknowledge that all products purchased under these Online Terms of Use are intended for personal non-commercial use only and will not be re-sold.

Quantity restrictions

From time to time, We may restrict the quantity of products which can be purchased in one order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or as otherwise advised to you.

 

Prices

The Company reserves the right to change the prices for products displayed in our Sites at any time before you place an order.

Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

Unless otherwise expressly stated, all amounts payable through your use of our Sites are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment methods

Payment for orders placed through our Sites may be made by credit card and other accepted online payment methods processed online using a secure payment portal.

Third-party secure payment gateways

The Company may use third-party payment gateways including, but not limited to, those provided by PayPal Australia Pty Limited (ABN 93 111 195 389), Afterpay Australia Pty Ltd (ACN 169 342 947), and Stripe Payments Australia Pty Ltd (ACN 160 180 343) for its secure online payment transactions. Payments made through these payment gateways are subject to the third-party’s own terms and conditions and privacy policy, links to which are provided from the relevant third-party websites.

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to third-parties, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

Credit and debit card payments

In some cases, it is not necessary to have an account with the third-party in order to make a purchase on our Sites where the third-party accepts major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

Refunds and other remedies

Except as expressly provided otherwise in these Online Terms of Use, all amounts paid through our Sites are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Online Terms of Use below.

Security

While the third-party payment gateways and our website hosting providers may employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Intellectual property

Copyright

In these Online Terms of Use, the term "Proprietary Content" means:

• our Sites;
• all of their content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in our Sites, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the Company in connection with the products offered through our Sites (whether hosted on the same server or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Online Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from our Sites only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The phrase "Minimink" is a trademark of the Company. The look and feel of our Sites (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Online Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to our Sites by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

Our Sites contain some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.

Copyright claims

If you believe that our Sites contain any material that infringes upon any copyright that you hold or control, or that users are directed through a link on our Sites to a third-party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO OUR SITES AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH OUR SITES, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Our Sites are provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of our Sites or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of our Sites will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• our Sites will meet your requirements or expectations;
• anything on our Sites, or on any third-party website referred or linked to in our Sites, is reliable, accurate, complete or up-to-date;
• the quality of any products, information or other material purchased or obtained through our Sites will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• our Sites or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Online Terms of Use or the use of our Sites by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):

• in the case of goods, to any of the following:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
• in the case of services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

Release

You agree that your use of our Sites is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Online Terms of Use or the use of our Sites by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Online Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Online Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Online Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Online Terms of Use;
• these Online Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

The Company may provide any notification for the purposes of these Online Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Online Terms of Use, each party must bear its own legal, accounting and other costs associated with these Online Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Online Terms of Use without the Company's prior written consent. Your registration with our Sites is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Online Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Online Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Online Terms of Use are severable and, if any provision of these Online Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Online Terms of Use and any other policy on our Sites at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of our Sites will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of our Sites or the products offered through our Sites.

You may only vary or amend these Online Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Online Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

Schedule 1    – Prohibited conduct

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of our Sites;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use our Sites to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use our Sites to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of our Sites;
• use our Sites by any automated means;
• use our Sites to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of our Sites for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with our Sites;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on our Sites;
• reproduce, duplicate, copy or store any of the material appearing on our Sites other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with our Sites;
• do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in our Sites;
• use or exploit any of the material appearing on our Sites for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with our Sites;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
• use our Sites to transmit any information or material that is, or may reasonably be considered to be:
• abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
• libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• in breach of any person’s privacy or publicity rights;
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• containing any political campaigning material, advertisements or solicitations; or
• likely to bring the Company or any of its staff into disrepute.